Jitender v. State Of Haryana And Others

CWP-4000-2022 & connected case 2024:PHHC:031508

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (237) CWP-4000-2022 Date of Decision : March 05, 2024 Jitender .. Petitioner

Versus

State of Haryana and others .. Respondents (238) CWP-4053-2022 Sandeep .. Petitioner

Versus

State of Haryana and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Sunil Kumar Bhardwaj, Advocate, for the petitioner in CWP-4000-2022.

Mr. Ajaivir Singh, Advocate, for the petitioner in CWP-4053-2022.

Mr. Pankaj Middha, Addl. Advocate General, Haryana. HARSIMRAN SINGH SETHI J. (ORAL) 1.

By this common order, two writ petitions, the details of which have been given in the heading, are being disposed of as both the petitions involve the same question of law on similar facts. 2.

In the present writ petitions, the grievance of the petitioner(s) is that due to the non-availability of Sports Gradation Certificate, the candidature of the petitioner(s) is not being considered in pursuance to the Advertisement No.4 of 2018 dated 26.08.2018 (Annexure P-1) by which, various Group D posts have been advertised.

3.

Learned State counsel submits that the Sports Gradation Certificate has already been issued to the petitioner(s) hence, no grievance HARSHA RANI 2024.03.12 10:42 I attest to the accuracy and integrity of this document

CWP-4000-2022 & connected case 2024:PHHC:031508 can be raised by the petitioner(s) but with regard to the claim of eligibility to participate in the selection process for the post in question keeping in view the reply filed by the respondent-Commission that the petitionerJitender has only secured 38 marks in the written examination and petitioner-Sandeep has only secured 18 marks in the written examination while competing in the category of Eligible Sports Persons whereas the last candidate who has been allowed to compete further in the selection process, has secured 45 marks hence, as the petitioner(s) have not been able to secure enough marks so as to be considered further in the selection process, no grievance can be raised by the petitioner(s). 4.

Learned counsel for the petitioner(s) has not been able to rebut the contention raised qua the less marks secured by the petitioner(s) in the written examination so as to compete further for the post in question. 5.

Keeping in view the said factual position, once the petitioner(s) have not been able to secure enough marks so as to proceed further in the selection process for the post in question, merely issuance of the Gradation Certificate, will not give them right ignoring the marks secured by them in the written examination.

6.

No ground is made out for any interference by this Court in the present writ petitions and the same are accordingly dismissed. 7.

A photocopy of this order be placed on the file of other connected case.

March 05, 2024 (HARSIMRAN SINGH SETHI) harsha JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARSHA RANI 2024.03.12 10:42 I attest to the accuracy and integrity of this document